Patna High Court
RABINDRA MAHTOversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative applied for leave to continue it.
Summary
The appellant, Rabindra Mahto, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals on the death of a party. No near relative of the deceased filed an application for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (or Section 435 B.N.S. 2023)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 B.N.S. 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.959 of 2008
======================================================
Rabindra Mahto, Son of Ramdeo Prasad, Resident of Village-Basudeopur,
Police Station-Kalayanpur, District-Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sujit Kumar Singh, Advocate
For the Respondent/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 968 dated 10.05.2026 of the
Superintendent of Police, Samastipur along with the report of
Police Inspector cum S.H.O., Kalyanpur, Samastipur dated
07.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Rabindra Mahto has died. Death
certificate of the appellant issued by Department of Planning
and Development, Government of Bihar, Patna has also been
enclosed with the said report.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.959 of 2008(3) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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